• Appellate Division, First Department: March 16, 2021

    Publication Date: 2021-03-18
    Practice Area: Civil Appeals | Criminal Appeals
    Industry:
    Court: Appellate Division, First Department, Appeals & Motions
    Judge: Unsigned
    Attorneys: For plaintiff:
    for defendant:

    Case Number: DOCKET

    Appellate Division, First Department: March 16, 2021

  • March 17, 2021 | New York Law Journal

    Civil FBAR Penalty Litigation: No Reprieve for Taxpayers

    In this edition of his Tax Litigation Issues column, Jeremy H. Temkin discusses recent decisions that reflect a continued judicial antagonism to taxpayers' attempts to avoid civil penalties and the rejection of attempts to cap such penalties.

    1 minute read

  • March 4, 2021 | New York Law Journal

    Where's the Quid? DOJ Tests the Limits of Public Corruption Law

    In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack describe two pending federal prosecutions, which level corruption charges against high-level officials in Ohio and Illinois, and consider how the theories of prosecution in these cases might be viewed in light of court decisions in other public corruption cases. They conclude with observations about the outer limits of federal public corruption prosecutions.

    1 minute read

  • March 1, 2021 | New York Law Journal

    Cuomo Chooses White-Collar Firm to Represent Administration in Probe of Nursing Home COVID Death Reporting

    The law firm, Morvillo Abramowitz Grand Iason & Anello, will represent the governor's office in the Eastern District's investigation, law firm partner Elkan Abramowitz told the Law Journal on Monday.

    1 minute read

  • February 16, 2021 | New York Law Journal

    The Federal Arbitration Act Precludes New York From Exempting Claims From Arbitration

    In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent case which demonstrates that, due to the FAA's national policy favoring arbitration, absent exceptional circumstances a party will not be able to avoid its prior agreement to arbitrate a claim subject to the FAA.

    1 minute read

  • February 10, 2021 | New York Law Journal

    Congress's Signing Bonus for Gensler: New Powers for His SEC

    In this edition of their White-Collar Crime column, Robert J. Anello and Richard F. Albert explain that regardless of his enforcement priorities, Gary Gensler's SEC will benefit from the expansion of the SEC's powers that Congress included in the National Defense Authorization Act passed on the first day of the new year. In enacting this law, Congress effectively has overridden the SEC's recent stinging Supreme Court defeats.

    1 minute read

  • January 20, 2021 | New York Law Journal

    Tax Defendants Reaping the Benefit of 'Booker'

    In the past five years judges have become increasingly likely to exercise their discretion under 'Booker' to sentence defendants convicted of tax offenses below the applicable Guidelines. However, as Jeremy H. Temkin notes in his Tax Litigation Issues column, notwithstanding this increased leniency in relation to the Guidelines, defendants sentenced during fiscal 2019 were more likely to receive some period of incarceration (and the period of incarceration imposed was likely to be longer) than tax offenders sentenced before 'Booker' as well as those sentenced five years ago.

    1 minute read

  • January 14, 2021 | New York Law Journal

    When Does Company Counsel Also Represent a Company Founder?

    In their White-Collar Crime article, Elkan Abramowitz and Jonathan Sack discuss the dispute over privilege in the case of Theranos founder Elizabeth Holmes, which demonstrates the importance of documenting the nature and scope of a client representation at the outset of an engagement and over time.

    1 minute read

  • December 14, 2020 | New York Law Journal

    Obtaining Discovery Relating to a Confidential Private Mediation

    While courts generally cloak mediation with a fair degree of confidentiality, this protection is not absolute and courts have disagreed whether a party seeking discovery of materials relating to a confidential private mediation (as distinct from a court-sponsored mediation) must make a heightened showing of need. In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent case that addressed this issue.

    1 minute read

  • December 9, 2020 | New York Law Journal

    Days Seem Numbered for Circuit's Controversial Insider Trading Decision

    Days before Thanksgiving, the United States Solicitor General's office responded to defendants' petitions for certiorari in 'Blaszczak'. The government agreed that the Supreme Court should vacate the Second Circuit's decision, and suggested a remand for further consideration in light of an intervening decision in 'Kelly v. United States'. The significant issues the certiorari petitions present in two critical areas of white-collar criminal doctrine are worthy of practitioners' attention and are addressed by White-Collar Crime columnists Robert J. Anello and Richard F. Albert.

    1 minute read

  • November 18, 2020 | New York Law Journal

    Anticipating Justice Amy Coney Barrett's Role in Tax Jurisprudence

    In this edition of his Tax Litigation Issues column, Jeremy H. Temkin examines two civil tax decisions written by Justice Amy Coney Barrett during her tenure as a Circuit Court judge. Although these decisions do not foreshadow how Justice Barrett will address "hot button" issues that will come before the court in the years to come, they are noteworthy for the thoughtful approach taken to the issues presented.

    1 minute read